Right to request flexible working is extended

The right to request flexible working is to be extended to parents of children up to the age of 16.

Currently, only parents of children under the age of six or disabled children under 18, and employees with adult dependants, are able to make flexible working requests under the statutory rules.

The Government requested Imelda Walsh, HR Director of Sainsbury's, to conduct an independent review into how the right to request flexible working could be extended to parents of older children. The Government subsequently accepted Walsh's principal recommendation that the right to request flexible working should be extended to parents of children up to the age of 16 and the right should be implemented in a single step.

In December 2008 the Government confirmed its intention to introduce regulations implementing the extended right in April 2009.

With a view to reducing the administrative burden placed on businesses, the Government also consulted on the merits of removing the obligation for employers to provide written confirmation where a flexible working request is agreed. The obligation would be replaced by the right to receive written confirmation only if the employee specifically requests it. The obligation would remain as before where the employer refuses an employee's flexible working request. The consultation closed on 18 November 2008. However, the Government's response is not yet available.

XpertHR guidance

  • Legal Q&A: flexible working Hannah Ford, of Stevens & Bolton, looks at the likely ramifications of the extended right of employees to request flexible working.

Government guidance and documents